What is the ruling on the money lost by the husband in a marriage in which it became clear to him that the wife was not a virgin, contrary to what had been agreed upon, and what is the ruling on this wife, and what should he do about that?
Scholars differ concerning the option (khiyar) available to a husband who married a woman on the condition of her virginity, only to find her non-virgin. Some scholars hold that he has this option, and this is the sounder opinion. Others hold that he does not have this option.
According to the view that he has the option, the husband may claim the dowry (mahr) back from whoever deceived him. However, the husband's option is forfeited if he accepts her non-virginity and remains silent about demanding annulment.
According to the view that he does not have the option, it is said that the husband may claim back the difference between the dowry of a virgin and the dowry of a non-virgin.
If the wife denies the husband's claim of her non-virginity and swears to it, she is entitled to the full agreed-upon dowry.
Issues involving disputes and denials are to be resolved by the Shariah judge or by scholars in Islamic centers.
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